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2012-08 BILL NO. 2012-8 AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD (LaMettry Collision Planned Unit Development Plan and Rezoning) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Findings of Fact. The City Council hereby makes the following findings of fact: A. The City's zoning ordinance establishes zoning classifications for individual property. The property located at 301 West 77th Street is zoned MU-C (Mixed Use - Community) [the "subject property"]. B. LaMettry Properties, LLC has submitted an application to the City for a planned unit development plan [the "PUD plan"] in the subject area. The PUD plan proposes to construct an Auto mechanical/body repair shop and 34 parking stalls. C. The City has reviewed the zoning ordinance and determined that it would be appropriate to rezone the subject area as PMU (planned mixed use) and approve the PUD plan to establish the regulations governing the PMU district. D. The Planning Commission has conducted a public hearing concerning the PUD plan and amending the zoning ordinance for the subject property. The Planning Commission recommended approval of the PUD plan and zoning ordinance amendment on June 25, 2012 following a public hearing. The City Council held a first reading of the rezoning on June 26, 2012 and second reading and consideration of the PUD plan on July 10, 2012. E. The City's zoning ordinance provides criteria for approving a PUD plan and rezoning of property to a planned unit development. The City Council finds that the PUD plan and rezoning of the subject property meets the criteria in the following ways: 1) The proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans: a) The City Council approved an amendment to the Comprehensive Plan on July 10, 2012 that designates the subject property as "Community Commercial/Office." b) The Comprehensive Plan describes the "Community Commercial/Office" area as accommodating a wide variety of retail and services that are more intense than neighborhood-scale business, but that will attract residents of Richfield and the immediate vicinity rather than customers from the entire metropolitan area. An auto body/mechanical repair shop falls within this category. c) The 1-494 Corridor is described as an area that will feature a range of shops, services and housing in a more dense and walkable "urban village" land use pattern. The proposed PUD plan maximizes greenspace, reduces surface parking and provides an attractive building that is pulled up to the sidewalk. 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own • boundaries: The stipulations of the approved final development plan which include the removal of perpendicular parking off of the shared driveway and compliance with City driveway and pedestrian crossing requirements will insure that this requirement is met. 3) The development is in substantial conformity with the purpose and intent of the original MU-C zoning district, and departures from the original district regulations are justified by the design of the development: The development is in substantial compliance with the intent of the guiding MU-C District. Deviations are related to the unique characteristics of the site, particularly the proximity of the railroad and the inability to move the existing drive/entry. Additional trees (overstory or evergreen) are required in the landscape area along the privacy fence to more effectively meet the intent of buffering and screening requirements and better protect the interests of the adjacent hotel. Revised lighting that substantially meets code requirements is also required. 4) The development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development: This requirement is met. 5) The development will not have undue adverse impacts on neighboring properties: The proposed building and site are attractively designed. With the addition of overstory and/or evergreen trees to screen damaged vehicles from view of hotel guests, and the removal of parking off of the shared driveway, the proposed development will not have undue impacts on neighboring properties. 6) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests: This requirement is met. Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 8, new paragraph 2 is added to read as follows: (2) M-16 (301 77th Street West) Lot 1, Block 1, Candlewood Hotel Addition. B. Section 17, paragraph 15 is repealed. Section 3. This amendment constitutes a rezoning of the following property: 301 West 77th Street Section 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 10th day of July, 2012. /// gb...■_JAii■ALAZACE ebbie Goettel, Mayor ATTEST: j ^ A.U6iP Nancy Gib• ity Clerk www.MinnLocaLcom City of Richfield (Official Publication) SUMMARY PUBLICATION BILL NO.2012-8 AN ORDINANCE AMENDING APPENDIX 1 �� OF THE CODE OF THE MEDIA This summary of thCeordiEance is pub- lished pursuant to Section 3.12 of the AFFIDAVIT OF PUBLICATION Richfield City Charter. This ordinance makes the following STATE OF MINNESOTA ) changes to the City Code: changes the )SS. zoning designation of property located at COUNTY OF HENNEPIN 301 77th Street West from MU-C(Mixed Use - Community) to PMU (Planned Mixed Use).The changes are consistent Richard Hendrickson, being duly sworn on with the City's Comprehensive Plan des- an oath,states or affirms that he is the Chief ignation of"Community Commercial/Of- Financial Officer of the newspaper(s)known face. Copies of the ordinance are available for as public inspection in the City Clerk's office Richfield Sun-Current during normal business hours or upon re- quest by calling the Department of Com- munity Development at(612)861-9760. Adopted by the City Council of the City of and has full knowledge of the facts stated Richfield,Minnesota this 10th day of July, below: 2012. (A)The newspaper has complied with all of Nancy Gibbs,City Clerk the requirements constituting qualifica- tion as a qualified newspaper as provid- (Jul.19,2012)D2-Bi112012-8 ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)The printed public notice that is attached was published in said newspaper(s) once each week,for one successive week(s); it was first published on Thurs- day,the 19 day of July 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _ __ day of ,2012;and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: • . opqrstuvwxyz / , - BY: �Ath– t_4' / o� CFO Subscribed and sworn to or affirmed before me on this 19 day of July , 2012. 40-72 o' -e:I2 ae2-3-6K—' Notary Public �R�� a DIANE L. ELIASON F),i' ., NOTARY PUBIUC-MINNESOTA f My Comm. Exp.Jan.31,2015